Legislation – Subsidy Control Act 2022
PART 1
Overview and key interpretation
1 Overview and application of Act
3 Financial assistance which confers an economic advantage
4 Financial assistance which is specific
5 Section 2: modification for air carriers
8 Persons under common control
9 The subsidy control principles and the energy and environment principles
10 Subsidy schemes and streamlined subsidy schemes
11 Subsidies and schemes of interest or particular interest
PART 2
Subsidy control requirements
12 Application of the subsidy control principles
13 Application of the energy and environment principles
CHAPTER 2 Prohibitions and other requirements
17 Use of domestic goods or services
Ailing or insolvent enterprises
21 Restructuring deposit takers or insurance companies
22 Liquidating deposit takers or insurance companies
23 Liquidity provision for deposit takers or insurance companies
24 Meaning of “ailing or insolvent”
26 Meaning of “insurance company”
Other specific prohibitions and requirements
27 Subsidies for insurers that provide export credit insurance
28 Subsidies for air carriers for the operation of routes
29 Services of public economic interest
30 Effect of prohibitions etc in relation to subsidy schemes
Subsidies or schemes subject to mandatory referral
31 Subsidies or schemes subject to mandatory referral
33 Duty to include information in the subsidy database
34 Information to be included in the subsidy database
PART 3
Exemptions
CHAPTER 2 Minimal or SPEI financial assistance
36 Minimal financial assistance
37 Section 36: procedural requirements
Services of public economic interest assistance
38 Services of public economic interest assistance
39 Section 38: procedural requirements
41 Exemption for certain subsidies given to SPEI enterprises
42 Chapter 2: supplementary and interpretative provision
43 Natural disasters and other exceptional circumstances
44 National or global economic emergencies
CHAPTER 4 Other miscellaneous exemptions
46 Bank of England monetary policy
48 Legacy and withdrawal agreement subsidies
50 Large cross-border or international cooperation projects
PART 4
CMA: referrals and functions
CHAPTER 1 Functions on referrals of subsidies and schemes
53 CMA reporting period for mandatory referral
54 Cooling off period following mandatory referral
57 CMA reporting period for voluntary referral
58 Call-in direction following voluntary referral
Mandatory and voluntary referrals: contents of CMA report
59 CMA report following mandatory or voluntary referral
61 CMA reporting period for post-award referrals
62 CMA report following post-award referral
63 Referrals in relation to subsidy schemes
65 Monitoring and reporting on subsidy control
67 Information-gathering powers
69 References to subsidy control groups
PART 5
Enforcement
70 Review of subsidy decisions
71 Time limits for applications under section 70
72 CAT powers on review: England and Wales and Northern Ireland
73 CAT powers on review: Scotland
75 Appeals against decisions of the CAT
76 Duty to provide pre-action information
PART 6
Miscellaneous and general
78 Subsidies and schemes in primary legislation
81 Modifications to subsidies and schemes
82 Gross cash and gross cash equivalent amount of financial assistance
83 Minor amendment to the Financial Services Act 2021
86 Power to make consequential provision
SCHEDULES
SCHEDULE 1 The subsidy control principles
Which version?
Latest available (Revised)
Original (As enacted)
- Previous
- Next: Provision
Subsidy Control Act 2022
An Act to make provision regulating the giving of subsidies out of public resources; and for connected purposes.
Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—